On March 12, 2008 a Motion-Secondary was filed involving a dispute between Breckler, Joann, Breckler, Rodrick, and Actuant Corporation, Airgas-Northern California & Nevada, Inc., Air Products And Chemicals, Inc., All Asbestos Defendants, Allied Manufacturing Company, Allied Mfg Co., Inc., Allis-Chalmers Corporation Product Liability Trust, Allsberry Mechanical Corporation, American Conference Of Governmental Industrial Hyg, American Honda Motor Co., Inc., American Plumbing And Heating Supplies, American Plumbing & Heating Supplies, American Standard, Inc., Anderson, Rowe & Buckley, Inc., A.O. Smith Corporation, Asbestos Defendants, Asbestos Manufacturing Company, Auto Friction Corporation, Auto Specialties Manufacturing Company, Baldor Electric Company, Bayer Cropscience, Inc., As Successor To Amchem, B.E.E Industrial Supply, Inc., Bell Asbestos Mines Ltd., Bigge Crane And Rigging Co., Borg-Warner Corporation, Brassbestos Brake Lining Company, Bridgestone Firestone North American Tire, Llc, Bryan Steam Llc, Buckles-Smith Electric Company, Bucyrus International, Inc., Burnham Corporation, Burnham Llc (Fka Burnham Corporation Which Will Do, Burnham Llp F K A Burnham Corporation, Carl N. Swenson Co., Inc., Carrier Corporation, Cbs Corporation, A Delaware Corporation, F K A, Chester C. Lehmann, Co., Inc., Chester C. Lehmann, Co. Inc., Dba Electrical, Chrysler Llc, Clayton Industries, Inc., Cleaver-Brooks, Inc., Consolidated Insulation, Inc., Craftsman Elevators, Inc., Crane Service Corporation, Csk Auto, Inc., Daimlerchrysler Corporation, Dana Corporation, Does 1-8500, Eaton Electrical Inc., Electrical Materials, Inc., Emsco Asbestos Company, Fdcc California, Inc., Fdcc California, Inc.,, Federal-Mogul Asbestos Personal Injury Trust, Fibre & Metal Products Company, Forcee Manufacturing Corporation, Ford Motor Company, Garlock Sealing Technologies, Llc, Gatke Corporation, General Electric Company, General Motors Corporation, Genuine Parts Company, George Rossmann, Inc., Goulds Pumps, Inc., Grinnell Corporation, Grinnell Llc,, Haley Engineering Corporation, Hamilton Sunstrand Corporation, Hanson Permanente Cement, Inc., Hanson Permanente Cement, Inc. Fka Kaiser Cement, Hennessy Industries, Inc., H. Krasne Manufacturing Company, Honda Motor Co., Ltd., Honda North America, Inc., Honda Of America Mfg., Honda Of Canada Mfg., A Division Of, Honda Of South Carolina Mfg., Inc., Hondapower Equipment Manufacturing, Inc., Honda R&D America, Inc., Honda R&D Co., Ltd., Honeywell International Inc., F K A Alliedsignal,, Hurst Boilers, Ingersoll-Rand Company, Jack'S Unlimited, Inc., Jacks Unlimited, Inc., J.T. Thorpe & Son, Inc., Larry Hopkins, Inc., Lasco Brake Products, Lear Siegler Diviersified Holdings Corp., L.J. Miley Company, L.R. Trillo Company, Inc., Madco Welding Supply Co, Inc., Madco Welding Supply Co., Inc., Maremont Corporation, Mcmaster-Carr Supply Company, Medical Counsel Berry & Berry, Metropolitan Life Insurance Company, Molded Industrial Friction Corporation, Morton International, Inc., National Transport Supply, Inc., Nissan Forklift Corporation, Nissan Motor Co., Ltd., Nissan North America, Inc., North America And Nissan Technical Center North, Owens-Illinois, Inc., Pacific Scientific Company, Parker Hannifin Corporation, Peebels Equipment Company, Placerville Auto Parts, Inc., Plant Insulation Company, Pneumo Abex Llc, Pratt & Whitney, Quintec Industries, Inc., Ray L. Hellwig Mechanical Co. Inc., Ray L. Hellwig Plumbing & Heating, Inc., R.E. Cuddie Co., Redwood Plumbing Co., Inc., Riteset Manufacturing Company, Robert Bosch Corporation, Robert Bosch Llc, Rockwell Automation, Inc., Rossendale-Ruboil Company, Rudolph And Sletten, Inc., San Jose Boiler Works, Inc., Sasco, Schneider Electric Usa, Inc., Scott Co. Of California, S. H. Coley Construction Company, Sikorsky Aircraft Corporation, Silver Line Products, Inc, South Bay Electric, Southern Friction Materials Company, S & S Welding, Inc., Standard Motor Products, Inc., Standco, Inc., Stuart-Western, Inc., Super Shops, Inc., The Budd Company, The Jack Dymond Company, The Jack Dymond Company., Toyota Motor Sales U.S.A., Inc., Trane Us Inc. Fka American Standard Inc., Underwriters Laboratories Inc., Union Carbide Corporation, Unique Electronic Transfer And Storage, Inc., Unique Electronic Transfer & Storage, Inc., United Technologies Corporation, Universal Friction Materials Company, U.S. Spring & Bumper Company, Viacom, Inc., Westburne Supply Inc., Westburne Supply, Inc., Wheeling Brake Block Manufacturing Company, W. L. Larsen, Inc., W.L. Larsen, Inc., W.W. Grainger, Inc., York International Corporation, for civil in the District Court of San Francisco County.
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'y om ND WU Bw NH Boe ee w BY MY Se Ss 16 | 28 HOPKINS & CARLEY ATTORNEYS AT LAW SAN Jose Eugene Ashley (State Bar No. 171885) Tina L. Naicker (State Bar No. 252766) HOPKINS & CARLEY A Law Corporation The Letitia Building 70 South First Street San Jose, CA 95113-2406 mailing address: P.O. Box 1469 San Jose, CA 95109-1469 Telephone: (408) 286-9800 Facsimile: (408) 998-4790 Attorneys for Defendant CHESTER C. LEHMANN CO., INC. DBA ELECTRICAL DISTRIBUTORS CO, ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUN 07 2011 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO RODRICK BRECKLER and JOANNE BRECKLER, Plaintiffs, v. ASBESTOS DEFENDANTS (B P), Defendants. I, Chester “Chet” Lehmann, III, declare: ASBESTOS CASE NO. CGC-08-274566 DECLARATION OF CHESTER “CHET” LEHMANN, HI IN SUPPORT OF DEFENDANT, CHESTER C. LEHMANN CO., INC. DBA ELECTRICAL DISTRIBUTORS CO.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION. Date: June 21, 2011 Time: 60am, 93D an— Dept: 221 Judge: Honorable Haroid Kahn Complaint Filed: March 12, 2008 Trial Date: July 11,2011 1. Tam the Chairman and Chief Executive Officer of Chester C. Lehmann Co., Inc. dba Electrical Distributors, Co. (“Electrical Distributors”), Defendant in the above-entitled action. As Chairman and Chief Executive Officer, I am responsible for the day-to-day management and operations of the company. | also have personal knowledge regarding our employees, our customers, and in-depth knowledge regarding the products Electrical Distributors sells. I have 708\849167.3 DECLARATION OF CHESTER “CHET” LEHMANN, II ISO MOTION FOR SUMARRY JUDGMENT, ORIN THE ALTERNATIVE, SUMMARY ADJUDICATION.28 HOPKINS & CARLEY ATTORNEYS AT Law 5AM Jose been employed by Electrical Distributors since 1959. While I became Chairman and Chief Executive Officer in 1983, I have held various positions at Electrical Distributors including: President, Inside and Counter Sales Representative, Purchasing Agent, Warehouse Clerk, Accounting Clerk, and a delivery driver. My knowledge is also based on my years of experience in the industry supplying electrical components and materials, my experience providing customer service to our customers, and discussions with colleagues. As such, I have general knowledge regarding the types of products sold by Electrical Distributors, its customers, and its employees dating back to 1959. I make this declaration in support of Electrical Distributors’ Motion for Summary Judgment, or in the alternative, Summary Adjudication. Except as to those matters alleged on information and belief the facts set forth herein are true, based upon my own personal knowledge, and, if called upon to testify in this matter, I could and would testify competently thereto. As to those matters alleged on information and belief, I believe them to be true. 2. Electrical Distributors is a wholesale supplier and distributor of electrical components and materials, and supplies electrical components and materials for business and residential use throughout the United States. 3. Based on my years of experience at Electrical Distributors, and my general knowledge about the products Electrical Distributors carries, including any packaging of the products, Electrical Distributors does not now, nor has it ever independently branded or labeled the products it sells, All products Electrical Distributors sells are labeled, packaged and branded by the manufacturer or other rebrander. 4. Based on my years of experience at Electrical Distributors, and my general knowledge about the products Electrical Distributors has sold over the years, Electrical Distributors does not now, nor has it ever carried asbestos-containing wire, or high-temperature wire. The only type of wire that Electrical Distributors sold during 1972 through 1998 are SO Cords, MC Cables, THHN wire and Romex wire. SO Cords are portable rubber cords, and do not now or ever contain asbestos. THHN wire is wire with PVC insulation and a nylon jacket that is primarily used for electrical wiring for commercial business use, and similarly do not now or ever contain asbestos. Romex wire is wire with PVC jackets that is primarily used for electrical wiring 708\849167.3 -2- DECLARATION OF CHESTER “CHET” LEHMANN, III ISO MOTION FOR SUMARRY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION,28 Hopkins & CARLEY ArroRNeys AT Law San Jose for residential use, and similarly do not now or ever contain asbestos. MC Cables are cables that contains an interlocked aluminum armor and is primarily used as a feeder for service power for commercial use, and similarly do not now or ever contain asbestos. 5. Based on my years of experience at Electrical Distributors, and my general knowledge about the products Electrical Distributors has sold over the years, Electrical Distributors does not now carry, nor has it ever carried Westinghouse, Sylvania, General Electric, Allen-Bradley, Cutler-Hammer, or ITE breakers. The only breakers Electrical Distributors has carried are manufactured by Square D and Zinsco. 6. As Chairman and Chief Executive Officer, I have personal knowledge regarding our staff and our customers. On or around November 2, 1988, Electrical Distributors hired Robert (“Bob”) O’Donnell as a sales representative. Mr. O’Donnell worked at Electrical Distributors from 1988-1994. Mr. O*Donnell was hired to establish the industrial side of our business. Varian Medical Systems is an industrial customer. Bob O’Donnell developed Electrical Distributors business with Varian, and became the primary account representative for Varian. Until Electrical Distributors’ hired Bob O’Donnell in 1988, Electrical Distributors did not have an on-going business relationship with Varian. I do not remember Varian as a large volume customer of Electrical Distributors at any time, including when Bob O’Donnell became the primary account representative of Varian. 7. As Chairman and Chief Executive Officer, I have personal knowledge regarding the day-to-day operations and management of Electrical Distributors, including oversight of any catalogs or advertisements distributed to our customers. Electrical Distributors did not maintain any product catalogs until 1984. At any time previous to 1984, customers ordering products from Electrical Distributors would either drive to its warehouse or call the inside sales department to request any products they needed. Ht tif Mf if 70818491673, -3- DECLARATION OF CHESTER “CHET” LEHMANN, III ISO MOTION FOR SUMARRY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION,8. As Chairman and Chief Executive Officer, I have personal knowledge regarding 2] the day-to-day operations and management of Electrical Distributors, including oversight of our 3 | business records. In addition, I have searched and caused others to search through Electrical 4 | Distributors’ records regarding sales of products to Varian. Based on that search, Electrical 5 | Distributors has no records that evidence or suggest that Electrical Distributors supplied any 6 | asbestos-containing products to Varian, or Breckler, q I declare under the penalty of perjury, according to the laws of the State of Califomia, that 8 { the foregoing declaration is true and correct. 9 Executed on June 3rd, 2011, at San Jose, California. 16 ul att | Rp Chester “Chet” Lehmann, TL 13 14 15 16 17 1B 9 20 21 22 23 24 25 26 27 28 Horesss & Camuey 2086491673 «ge ‘Arsene a ta DECLARATION OF CHESTER “CHET” LEHMANN, Ill ISO MOTION FOR SUMARRY JUDGMENT, OR IN] THE ALTERNATIVE, SUMMARY ADJUDICATION,